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Bayston Group

Business Lawyers

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What interests us

Meet the Team: Our Co-Founder & Business Lawyer

We’re introducing a new series showcasing the Bayston Group team.  We believe we’re the lawyers you’ve always wanted, and with a truckload of experience, we thought you might like to learn a little more about each of our individual team members and what informs our fast, sensible and flexible approach. Today we’re showcasing Alister Bayston, […]

Does the GDPR impact my business?

What is the GDPR?  The European Union General Data Protection Regulation (‘GDPR’) came into effect on 25 May 2018 and focuses on individual privacy and data regulation for businesses. It goes beyond Australia’s current privacy regulations. The GDPR contains much stronger rules on data protection and collection. Does the EU General Data Protection Regulation (‘GDPR’) […]

Excessive Payment Surcharging Reforms

Do you often go to pay with a certain debit or credit card and get told a surcharge applies? Does this surcharge seem excessively high? This might end when a prohibition on charging of excessive payment surcharges for certain payment methods extends to all businesses from 1 September 2017. Instead, businesses will only be able […]

The important business of getting the lease right

A badly drafted lease can be the downfall of a business, and cause the tenant or landlord disastrous consequences. Negotiating a lease can be a difficult process, particularly for those renting a commercial space for the first time. The Victorian Small Business Commissioner last year alone received over 1000 applications regarding retail-leasing disputes. One of […]

Furniture wars!

The United Kingdom (UK) has introduced legislation, which will impede furniture manufacturers ability to mass-produce replica designer pieces.   Replicas of what were once considered rare and expensive pieces of furniture, are now sold for almost the same price as a piece designed for a big chain store. Shoppers, influenced by the latest design trends, […]

Preference Claims – keeping the money

If a company you are doing business with goes into external administration (administration or liquidation) then all of your transactions in the preceding months (or even years) go under the microscope of forensic accounting. Amounts that you received from that company may be clawed back if they are “preferential payments”. This means that you will be […]

Gift Cards – the gift that may never give

Gift cards have solved a gift crisis with great ease countless times. It’s better than giving cash, right? Maybe not, as was recently highlighted by the appointment of administrators to Dick Smith Electronics Pty Ltd. Good practice is to treat gift cards like cash. However they are not cash but a form of credit. As well […]

Credit Management – getting paid

Credit management is not an easy business and it has more than its share of bear traps. It can also be an uncomfortable start to a business relationship, signing up customers to a credit agreement and standard terms setting out the supplier’s rights in the event of default. It’s like asking a bride or groom […]

Digital Signatures

We described the ‘electronic signatures’ in our blog on 20 August 2015: documents that are signed electronically rather than in hard-copy form. ‘Digital signatures’ are another emerging form of signature which may be used to ‘sign’ documents electronically, rather than physically. Digital signatures are secured using cryptic mathematical functions specific to the individual using the […]

Is isolated DNA patentable?

A patent is a right granted for a device, substance, method or process that you have invented which is new, inventive and useful. This differs from a trademark, which is a method used to distinguish your goods and services from those of another trader. In the recent case of D’Arcy v Myriad Genetics Inc & […]